Change of Status from Visitor Visa to Green Card
If you entered the United States on a visitor visa, you may be able to apply for a green card without leaving the country. A change of status from visitor visa to green card generally happens via adjustment of status, although people may call it a change of status. However, your eligibility depends on why you qualify for permanent residence, how you entered the country, and your immigration history.
At Din Law Group, we look at your long-term immigration goals and history to help you plan your path forward. Schedule a consultation today.
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Can You Change from a Visit Visa to a Green Card?
In certain circumstances, it is possible to go from a visit visa to green card status. However, a visitor visa does not offer a direct path to permanent residence. Aside from your visitor visa, you must have an independent basis for receiving a green card. Some applicants qualify through marriage or another qualifying family relationship, while others qualify via certain employment categories or other immigration provisions.
This process is known as adjustment of status, and it allows you to apply for a green card without leaving the United States. It involves filing Form I-485 with USCIS.
Visitor Visa to Green Card for a Spouse of a U.S. Citizen
Marriage to a U.S. citizen is one of the most straightforward ways to request a change of status from visitor visa to green card.
Marriage After Entering the United States
If someone is lawfully inspected and admitted to the United States on a visitor visa and they later marry a U.S. citizen, they may be able to apply for adjustment of status as an immediate relative.
Marriage doesn’t automatically grant permanent residence; the U.S. citizen must file Form I-130, Petition for Alien Relative, and the foreign spouse requests adjustment of status with Form I-485. The couple requesting change of status from visitor visa to green card must also provide supporting documentation to demonstrate that their marriage is genuine, not for the purpose of securing an immigration benefit.
Visitor Visa to Green Card for Spouse: Why Your Intent Upon Entry Matters
There’s a difference between entering the United States on a temporary visit and later deciding to pursue permanent residence and entering on a visitor visa with the intent to remain permanently.
If you plan on changing from a visitor visa to a green card for your spouse, USCIS may look very closely at the intent upon entering the United States on a visitor visa. A B-1 or B-2 visitor visa is intended for a temporary stay. Obtaining permanent residence is not an authorized purpose for a visitor visa.
What Are the Requirements for Adjustment of Status from a Visitor Visa?
Adjustment of status involves more than proving that you qualify via a family relationship or employment category. For family-based applicants, the rules may also differ based on whether your relative is a U.S. citizen or lawful permanent resident.
The best way to do a change of status from a visitor visa to a green card is different from person to person. Depending on the details of your case, USCIS may have to consider:
- Whether you were inspected and admitted or paroled into the United States
- Whether you have a qualifying basis for permanent residency
- Whether an immigrant visa is immediately available, where applicable
- Whether any criminal history concerns or immigration violations affect eligibility
- Whether USCIS has concerns about fraud or misrepresentation
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Can You Stay in the U.S. While Your Green Card Application Is Pending?
Adjustment applicants may be able to remain in the U.S. while their Form I-485 is being processed, although a pending application does not necessarily mean that someone is maintaining lawful nonimmigrant status. Travel requires extensive planning and caution; leaving the country without advance parole may result in your I-485 being considered abandoned.
Problems That Can Complicate a Visit Visa to Green Card Case
Because there’s no direct path from visit visa to green card, your path to permanent residency can be fairly complicated. Issues that may affect eligibility or require closer review include:
- Statements made when applying for a visitor visa or entering the U.S.
- Overstaying the authorized period of admission
- Unauthorized employment
- Previous visa denials
- Criminal arrests or convictions
- Questions regarding a marriage’s authenticity
How Din Law Group Helps with Visitor Visa Adjustment of Status
Cases involving a change of status from a visitor visa to a green card require more than completing immigration forms. Din Law Group evaluates the circumstances of your entry and determines the right options for you before you file. We can help evaluate eligibility for adjustment of status, review your immigration history, and prepare the necessary forms.
Our team will identify potential misrepresentation concerns and inadmissibility issues that may affect eligibility or require additional evidence so we can address them preemptively. If adjustment is unavailable, we will help explore other immigration options.
Talk to Din Law Group Now About Changing Status from a Visitor Visa to a Green Card
A change of status from visitor visa to green card may be possible, but eligibility depends on the facts of your case and the immigration pathway available to you.
If you may qualify through a family-based pathway, Din Law Group can help you understand your options and next steps. Contact us to schedule a consultation.
